Opinion
Case No: 6:17-cv-1480-ORL-18GJK
06-12-2018
ORDER
THIS CAUSE against the Commissioner of Social Security ("Commissioner") was initiated on August 14, 2017, when Lillian Hernandez Figueroa ("Plaintiff") filed a Complaint challenging the denial of her application for payment of Supplemental Security Income benefits by the Commissioner ("Decision"). (See Doc. 1; Doc. 13-2, pp. 3-9, 31-56 (providing notice of unfavorable Decision and denial of administrative appeal).) Invoking 42 U.S.C. § 1383(c)(3), Plaintiff demands that the Court reverse the Decision and approve the Application or remand to the Commissioner for further proceedings. (See Doc. 1, ¶7; see also Doc. 19, p. 29.)
On October 27, 2017, the Commissioner filed an Answer to the Complaint (Doc. 11), a certified transcript of the administrative proceedings (Doc. 13), and notice that the parties do not consent to final disposition of the cause by a Magistrate Judge (Doc. 12). See 28 U.S.C. § 636(c). Absent consent, the cause was referred to United States Magistrate Judge Gregory J. Kelly for issuance of a report and recommendation, See 28 U.S.C. § 636(b)(1); Local Rule 6.01(c)(21).) As directed by Judge Kelly, the parties filed a Joint Memorandum of Law setting forth their respective arguments regarding Plaintiff's four grounds for reversal of the Decision ("Disputed Issues"). (See Doc. 19, pp. 6-28; see also Docs. 16, 18).) In the Report issued on April 24, 2018, Judge Kelly on April 24, 2018, Judge Kelly recommended that the Court affirm the Decision and enter judgment for the Commissioner. (See Doc. 20.)
Upon review, the Court may "accept, reject, or modify" the Report in whole or in part. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). The Court has not reviewed the Report de novo because more than fourteen days have passed since the Report issued, and no objections were filed. See Marcort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006); Roundtree v. Bush Ross, P.A., 304 F.R.D. 644, 650 (M.D. Fla. 2015). Instead, upon review for clear error, the Court agrees with Judge Kelly's thoughtful analysis of the Disputed Issues and will adopt his recommendations. Accordingly, it is hereby ORDERED and ADJUDGED that:
1. The Report and Recommendation (Doc. 20) is ACCEPTED, APPROVED, ADOPTED, and is made part of this Order for all purposes, including appellate review.
2. Defendant Commissioner of Social Security's final administrative decision (Doc. 13-2, pp. 3-9, 31-56) is AFFIRMED.
3. The Clerk of Court is DIRECTED to: (a) enter judgment for the Defendant Commissioner of Social Security and against Plaintiff Lillian Hernandez Figueroa; and (b) CLOSE this case.
DONE and ORDERED in Orlando, Florida, this 12 day of June, 2018
/s/_________
G. KENDALL SHARP
SENIOR UNITED STATES DISTRICT JUDGE Copies to:
Counsel of Record